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Columns

Aug 4, 2008

N.Y. firm liable for Fla. firm's failure to file claim

Just the other day I came across a case from New York, which should scare the bejesus out of every attorney practicing whether in this state or any other state. An Appellate Court in New York held that a New York law firm could be liable to a client for the failure of a Florida […]

Jul 28, 2008

Why attorneys inevitably mishandle crisis situations

The title of this column derives from a monthly media coaching session I conducted for a corporate law firm client. As you can imagine, the advanced billing for this session created quite a stir. We started with a scenario involving a real estate developer whose demolition contractor bull-dozed the wrong house. To make matters worse, […]

Jul 21, 2008

OpenOffice.org offers frugal alternative to Word

It seems that one of the world’s most unpopular people is Bill Gates. See YouTube’s “Bill Gates Runs Like a Girl,” or the Microsoft chairman taking a pie in the face. Sure, he’s nerdy, but I don’t really get the Gates-haters, having better uses for my time and energy. Still, I do understand the notion […]

Jul 21, 2008

Fed’s new mortgage rules won’t stop fraud

As the panic continues about the “subprime mortgage crisis,” pressure has been put on regulators to do something to stop mortgage fraud. The “crisis” has been blamed largely on corrupt mortgage brokers, and so last week the Federal Reserve adopted new mortgage regulations. Before discussing what the rules will and won’t do in regard to […]

Jul 21, 2008

Marital property agreement concerns remain

The prospective divorce client comes to your office with a marital agreement in hand. Well, that should ensure a quick and relatively painless end to that marriage, right? Not so fast. Recently in a series of articles in this column, I examined the Wisconsin Supreme Court’s decision in Steinmann v. Steinmann, No. 2005AP1588, in which […]

Jul 14, 2008

Lawyers offer clients your guarantee of commitment

No lawyer can ethically guarantee a result. To do so comes under Rule of Professional Conduct 7.1’s prohibition of false or misleading communication, which the ABA’s commentary says includes “lead[ing] a reasonable person to form an unjustified expectation” about results. However, lawyers can guarantee a certain degree of effort — which does not violate the […]

Jun 30, 2008

Steinmann decision contains troubling implications

A song by the Temptations comes to mind after reading Steinmann v. Steinmann. “Ball of confusion.” That’s what the law of maintenance is today. This is the third of three articles analyzing the recent Wisconsin Supreme Court decision in Steinmann, No. 2005AP1588, released May 23. In Steinmann, the parties signed a post-nuptial agreement entitled “Limited […]

Jun 30, 2008

State Bar battle reflects importance of image

I may be dipping my toe into scalding water here, but I find fascinating the battle over what the future holds for the State Bar. The legal slugfest over the mandatory bar I will leave to the lawyers. My fascination rests with the resulting impact of a recent gambit by Steven A. Levine, former State […]

Jun 23, 2008

Court wrestles with post-nuptial agreements

This is the second of three articles analyzing the recent Wisconsin Supreme Court decision in Steinmann v. Steinmann, No. 2005AP1588. This article will examine its implications for marital property agreements. In Steinmann, the parties signed a post-nuptial agreement entitled “Limited Marital Property Classification Agreement.” The agreement classified their assets into categories of &[...]

Jun 23, 2008

Expert witness looks at a jury from the inside

A few years ago, I got called for jury duty. Unlike almost everyone else who complains when called for jury duty, I was thrilled. I wanted to be on a jury. If I was going to have to do my civic duty, I wanted to get something out of it, rather than just sit in […]

Jun 16, 2008

Employment retaliation claims: A growth industry

Last year, for the first time, there were more retaliation charges filed with the U.S. Equal Employment Opportunities Commission (EEOC) than sex discrimination charges. The number of retaliation claims filed in state and federal courts and agencies continues to climb. It is not unusual for employees to allege retaliation on top of underlying discrimination claims. […]

Jun 16, 2008

You can spend less when you dress for success

At one point during my first year as a lawyer, I was scheduled to meet with a prospective family law client. It was a Friday, and at my office we observed casual Fridays. I especially observed it. No one hates nylons more than I. I was wearing a cotton sweater and a khaki skirt, bare […]

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